Shawn T. Swindell v. Kenneth Bailey
1. Was it clearly established in 2014 that a law enforcement officer violates the Fourth Amendment when he witnesses a person commit a misdemeanor offense in public view and immediately pursues the fleeing misdemeanant into a home to arrest that person, but without exigency apart from the pursuit?
2. Where a jury has determined that a misdemeanor arrest was supported by probable cause and was initiated outside of a residence, is the deputy effectuating the arrest entitled to qualified immunity under the Fourth Amendment where he instantaneously follows the arrestee into a home to complete the arrest?
3. Where a circuit court of appeals denies qualified immunity to a deputy sheriff for entry into a home to make an arrest based on the specific question of where the arrest was initiated – inside or outside – and a jury subsequently determines that the arrest was initiated outside, may the circuit court of appeals reject that finding of fact and substitute its own finding that the arrest was initiated inside the home so as to once again deny the deputy qualified immunity?
Was the entry into the home to arrest the misdemeanant clearly established as unconstitutional?